Tom’s of Maine Gets Kid’s Toothpaste Lead Deception Suit Trimmed

Tom’s of Maine Inc., a natural toothpaste maker, couldn’t entirely shed a lawsuit alleging the company failed to tell consumers the products can contain unsafe levels of lead or arsenic, but convinced a federal judge to dismiss some claims.

The US District Court for the Eastern District of New York allowed misrepresentation and negligence claims to proceed Wednesday, but dismissed omission-based deception claims as well as a claim for unjust enrichment.

In a proposed class action complaint, plaintiff Douglas White alleged Tom’s of Maine’s kid’s fluoride-free strawberry and mild fruit products were contaminated with excessive levels of lead and ...